The remote control wristbands they are an effective tool to prevent abusers from breaking restraining orders and approaching victims of gender-based violence. Currently there are more than 2,600 aggressors controlled by these geolocation devices, but they cannot be used in cases of sexual violence outside the sphere of the couple, which leads to “dysfunctions” and leaves some women in a serious situation of risk .
The Penal Code allows the justice to decree the use of telematic bracelets to control distance measure when necessary; Nevertheless, a 2013 protocol restricts its implementation to cases of gender-based violence, as defined by the 2004 law: exercised by a woman’s partner or ex-partner. The law of only yes is yes’ is called to solve this problem.
“An incomprehensible and unjustifiable practice”
It has been the Association of Women Judges of Spain (AMJE) that has drawn attention to how “the use of these locator bracelets has been limited to strict cases of gender violence regulated by Organic Law 1/2004 and refusing to absolutely unfair to victims of sexual violence, some of whom run exactly the same danger that any victim of gender-based violence“.
The AMJE has requested that the organic law for the comprehensive guarantee of sexual freedom, which is currently being processed in the Congress of Deputies, overcome “this incomprehensible and unjustified practice” that take protection reality of these victims.
This association of judges alerted the Equality Commission of the Lower House that the ‘Protocol of action of the monitoring system by telematic means of compliance with the measures and penalties of removal in matters of gender violence’, that regulates the implantation of these bracelets, translates into the “de facto impossibility” to establish follow-up through these positive sentences and precautionary measures of removal in cases of sexual violence.
The Prosecutor of the Delegate Chamber for Violence against Women, Teresa Peramato, explains to El Periódico de España, a newspaper of the same group, Prensa Ibérica, that this newspaper, that the current protocol does not provide for the use of these devices for other situations of sexist violence such as sexual assault or for cases of domestic violence. Nor, in gender violence, for probation situations.
Despite this, there are requests from some judicial bodies, criminal courts and provincial hearings, but the Government Delegation against Gender Violence – the institution responsible for telematic monitoring – cannot approve it because there are still outside the current protocol. This newspaper has consulted the Delegation about this reality, but has not received a response.
Peramato acknowledges that on some occasion an exception has been made in the case of a very serious risk, because the victim is a girl or the aggressor belongs to the immediate environment, but the general rule is that they cannot be accessed. “This claim has been going on for a long time”emphasizes the prosecutor.
systematic denial
Sources from the General Council of the Judiciary tell this newspaper that an extension of the protocol of the devices in this sense is pending and that the Observatory against Domestic and Gender Violence of the CGPJ has received “any complaint because the Government Delegation against Gender Violence has denied the bracelet because this possibility is not in the protocol”.
Now, from the governing body of the judges they assert that “if a judge orders to place the device, it must be placed”: “The judge has authority and if he considers it necessary, you can order it to be put on. Refusing to comply with a court order can be a crime of disobedience,” these sources highlight.
Precisely, article 48 of the Criminal Code allows the judge to decree that the prohibition of approaching a victim through electronic means be controlled, without delimiting this measure to cases of violence in the sphere of the partner or ex-partner.
But due to a “strange game” between the CP and the protocol designed for the use of devices “implantation has been denied” in cases of sexual violence. The AMJE speaks of “bloody requests” from victims of sexual crimes in high-risk situations that were denied. Women Judges indicates that the denials are systematic. This has the consequence that either the restraining measures are left lame due to the lack of follow-up or it forces the judges to decree a preventive detention to guarantee the safety of the victims at risk.
An extraordinarily effective mechanism
The founding member of AMJE Zita Hernández points out that telematic devices precisely avoid resorting to more burdensome measures such as prison and are particularly necessary in very serious cases sexual violence or repeat offenders.
As the protocol indicates, the purpose of these bracelets is “improve the safety and protection of the victims and generate confidence to be able to address their recovery”, since they allow verifying compliance with the precautionary measures and restraining sentences imposed in the procedures of gender violence. They dissuade the aggressor and document possible violations of the measures. Both the victim and the aggressor wear these devices, which alert when the man approaches the woman.
They are mechanisms “extraordinarily effective”insists Peramato. No aggressor controlled by the bracelet has perpetrated a femicide.
“We know that in sexual violence most of the assumptions have as aggressors people very close to the victims’ environment and those occasions in which provisional detention is not issued, bracelets can be a very effective instrument to protect them. (…) The administrations should put all the meat on the grill to make it possible,” says prosecutor Peramato.
A change in the law of ‘only yes is yes’
This limitation when dictating the implantation of the device, however, could change in a short period of time thanks to the law of comprehensive guarantee of sexual freedomwhich is currently being processed in the Congress of Deputies.
Related news
The Government’s bill did not include the measure of telematic control of compliance with the prohibition of approximation in sexual crimes, but several parliamentary groups have taken up the request of the jurists and have tabled amendments to remedy this situation.
Specifically, PSOE, United We Can, Cs and ERC have requested that the future law contemplate the possibility of implanting telematic bracelets to sexual aggressors when a judge so rules to ensure compliance with sentences or precautionary measures to remove victims. The amendment will foreseeably go ahead.
Ask for help
The 016 assists victims of all forms of violence against women. It is a free and confidential phone that provides service in 53 languages and leaves no trace on the bill. Information is also provided via email. [email protected] and counseling and psychosocial care through the WhatsApp number 600,000,016. In addition, minors can contact the ANAR phone 900202010. All resources against gender violence.